Youngkin, Miyares announce Virginia will exit California electric vehicle mandate at end of year | News
richmond, va. — Virginia Gov. Glenn Youngkin announced Wednesday that a legal opinion from Attorney General Jason Miyares confirms that Virginia is not required to comply with California’s electric vehicle mandate.
Youngkin and Miyares, both Republicans, said the California electric vehicle mandate in Virginia will terminate effective at the end of 2024 when California’s current regulations end. Youngkin and Senate Republican Leader Ryan McDougle asked Miyares to issue a legal opinon on the mandate that was put into place in 2021 by the Democrat-controlled Virginia General Assembly.
In a joint statement with Youngkin Wednesday, Miyares said Virginia is not required to comply with the expansive new mandates adopted by the unelected California Air Resources Board. Those were rules set to take effect January 1, 2025.
“Once again, Virginia is declaring independence — this time from a misguided electric vehicle mandate imposed by unelected leaders nearly 3,000 miles away from the Commonwealth,” Youngkin said. “The idea that government should tell people what kind of car they can or can’t purchase is fundamentally wrong. Virginians deserve the freedom to choose which vehicles best fit the needs of their families and businesses. The law is clear, and I am proud to announce Virginians will no longer be forced to live under this out-of-touch policy.”
“Today, I’ve issued an official attorney general opinion that confirms that Virginians are no longer legally bound to follow the emission standards of California,” Miyares added. “EV mandates like California’s are unworkable and out of touch with reality, and thankfully the law does not bind us to their regulations. California does not control which cars Virginians buy and any thoughts that automobile manufacturers should face millions of dollars in civil penalties rather than allowing our citizens to choose their own vehicles is completely absurd.”
In 2021, the Democrat-controlled Virginia General Assembly passed legislation authorizing Virginia’s Air Board to adopt California’s “Advanced Clean Cars I” regulation pursuant to Section 177 of the federal Clean Air Act. The California Air Resources Board recently adopted “Advanced Clean Cars II,” set to take effect January 1, 2025, which would require 100% of new cars sold in Model Year 2035 to be electric vehicles. However, Miyares said the the law, as written does not require Virginia to follow the regulation. Therefore, he said the Commonwealth will follow federal emissions standards on January 1, 2025.
“Throughout CARB’s ‘Advanced Clean Cars II’ regulation are references to California Governor Gavin Newsom’s executive orders and the unique environmental circumstances facing California,” said McDougle, who co-patroned legislation to repeal CARB’s mandate during this year’s legislative session along with Senator Richard Stuart, Senator John McGuire, Delegate Lee Ware, Delegate Tony Wilt, and Delegate Buddy Fowler. “Virginia’s laws should not be determined by California politicians. Instead, our laws should be decided by Virginians who are elected to serve Virginia and address issues that face our Commonwealth, not a state nearly 3,000 miles away.”
Under Advanced Clean Cars II, beginning in Model Year 2026, 35% of the new cars sold would have been required to be electric vehicles, moving up to 100% in 2035.
If an auto manufacturer sells a standard automobile out of compliance with California’s mandate, they may be required to pay a fine upwards of $20,000 per vehicle sold. Given that EVs only amounted to 9% of vehicles sold in Virginia in 2023, application of the mandates could have resulted in hundreds of millions of dollars in penalties, Youngkin and Miyares said Wednesday, adding that Virginia’s auto consumers and dealers would have been forced to bear those costs. The two Republican leaders also argued the mandate would leave auto dealers with less money to pay staff, offer raises, and grow their businesses.
The move by the Republican governor was condemned by Democrats.
“He seems to think he has more power than Vladimir Putin,” Senate Majority Leader Scott Surovell said via text message to the Associated Press. “The governor is breaking the law and the AG is giving him cover.”
An Associated Press poll released Tuesday found that many Americans still aren’t sold on going electric for their next car purchase. High prices and a lack of easy-to-find charging stations are major sticking points, the new poll shows.
According to that poll, about 4 in 10 U.S. adults say they would be at least somewhat likely to buy an EV the next time they buy a car, while 46% say they are not too likely or not at all likely to purchase an EV.
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